Ut Of J&K vs Makhan Lal And Another
2022 Latest Caselaw 1423 j&K

                                                                        S. No. 4

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
                                                  Crl LP No. 12/2020

UT of J&K                                          .....Appellant(s)/Petitioner(s)

                       Through: Mr. R. S. Jamwal, AAG.
                  vs
Makhan Lal and another                                        ..... Respondent(s)

                       Through: None.

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                                    ORDER

The present application has been filed by the Union Territory of J&K

seeking leave of this Court to file the acquittal appeal against the judgment dated

27.08.2019 passed by the court of learned Principal Sessions Judge, Reasi in File No.

14/A Sessions in case titled "State Vs. Makhan Lal and another" arising out of FIR

No. 13/2014 registered with Police station Reasi for commission of offences under

Section 8/20 NDPS Act.

Though the offences are heinous in nature and normally we would have

granted leave to the applicant to file the appeal, but so far as the facts of the present

case are concerned, out of the 17 witnesses cited by the prosecution, only 3 witnesses

have been examined. Material witnesses as to the seizure memos of the contraband

and also the Investigating Officer have not been examined by the prosecution. Further

we find that the recovery was affected on 15.02.2014 and the samples were sent to the

FSL for chemical examination on 22.02.2014 and from the record we find there is no

evidence that the affected seizure of the contraband as well as the samples extracted

from the seized contraband were kept in safe custody so as to negate any chance of

tempering with the samples.

In view of this, grant of leave to the applicant to file the appeal and hearing

the main appeal would be an exercise in futility. As such, we do not deem it proper to

grant leave to the applicant to file the appeal against the well reasoned judgment of

acquittal, and accordingly the present application seeking leave to file the appeal is

dismissed.

                            (RAJESH SEKHRI)                     (RAJNESH OSWAL)
                                JUDGE                                 JUDGE

Jammu
12.10.2022
Sahil Padha
                   Whether the order is speaking:     Yes/No.
                   Whether the order is reportable:   Yes/No.